In 2012, her family filed a wrongful death suit against Monster, reaching an undisclosed settlement in Summer 2015. In December 2011, a healthy 14-year-old Maryland girl named Anais Fournier went into cardiac arrest and died after drinking two Monster Energy drinks in a 24-hour period. Though the settlement amount is usually unknown (most plaintiffs sign a nondisclosure agreement), it is often in the hundreds of thousands or millions. As seen below, there is a strong precedent for settlement in these cases. This industry has faced a litany of litigation due to serious side effects and deceptive advertising practices. The science is not on their side, they market their products to children and adolescents, and they can’t say they warned anyone of the dangers-because they deny them. So when someone is injured or killed after consuming energy drinks, the last thing Big Energy wants to do is go to court. Study after study shows that energy drinks are extremely dangerous for those subgroups. That’s because their cans fail to warn against consumption by minors by people with heart conditions, seizure disorders, or diabetes by those on medication (for ADHD, among other things) or in combination with exercise. The suit was brought about by a number of Red Bull drinkers, one of whom said he had been drinking the product since 2002 but had seen no improvement in his athletic performance.For all its bluster about the safety of its products, the energy drink industry sure does settle a lot of lawsuits. People wanting to make a claim can fill out a form, which can be found here, or by calling (877) 495-1568, or by posing their completed form to Class Action Settlement Administrator at Energy Drink Settlement, c/o GCG, P.O. This could prove costly, as the class action suit covers the millions of people who have bought at least one can of Red Bull over the past 10 years. The settlement says Red Bull will reimburse customers disappointed the energy drink hasn’t lived up to their expectations with either a check for $10 or a voucher for $15 worth of Red Bull products. If the proposed settlement is passed by the US District Court of the Southern District of New York, where a hearing will take place in March 2015, Red Bull will be required to pay $6.5 million into a settlement fund within a week. While the suit did not allege that plaintiffs were disappointed that they didn't suddenly sprout wings, it does say that Red Bull relies a lot on terms like "wings" and "boost" to give consumers the impression that the drink gives people some sort of physical lift or enhancement. Red Bull says in its marketing that the drink can improve concentration and reaction speeds, but the plaintiff in the case said these claims were false and lacked scientific support. Red Bull does not, it turns out, give you wings - even in the figurative sense. Now the company has agreed to pay out more than $13 million after settling a US class action lawsuit that accused Red Bull of making false and misleading advertising claims, according to the drinks industry publication BevNet. “Red Bull gives you wings” has been the energy drink’s slogan for nearly two decades. By ASR Photos on Flickr Red Bull is settling a lawsuit over its "gives you wings" advertising promise.
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